Intellectual Property
Apr. 7, 2011
Apparel Lawsuits Caught Up in Legal Loophole
Exploitation of a legal loophole by purchasers of foreign designs has created a copyright infringement logjam. By Dylan Ruga of Steptoe & Johnson LLP.
In recent years, more than 300 lawsuits have been filed in Los Angeles federal court alone accusing major department stores and garment manufacturers of copyright infringement based on designs found primarily on women's shirts and dresses. Most of the designs at issue are unimaginative and consist of little more than stripes, polka dots or common flowers. Nevertheless, these lawsuits succeed, in large part, because they exploit a loophole found ...
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